Annexure -2

General Information

In order to facilitate bulk transportation of fly ash through Railway wagons, facility for

loading of dry fly ash from silos to railway wagons have been developed at NTPC’s

Rihand thermal power plant and being installed shortly at NTPC’s Vindhyachal

power plants. NTPC had successfully demonstrated fly ash transportation in BTAP

wagons from Rihand to Satna in the year 2017.

BTAP wagons are widely used for transportation of Alumina powder by Aluminum

Industry. Ministry of Railway vide its circular dated 20-01-2017 has allowed fly ash

transportation in BTAP wagons and permissible carrying capacity for fly ash has

been fixed to 60.36 tonne. Bulk transportation of fly ash through BTAP wagons will

be cost effective, reduces pollution due to large number of bulker movement at

loading/ unloading points and thus environment friendly

To facilitate fly ash supply in these wagons, NTPC is in process of procuring three

rakes of BTAP wagons. Further, NTPC has also obtained permission from Railway

Board for procurement and operation of these rakes for fly ash transportation

between Shaktinagar –Maihar -Satna section under SFTO scheme. The operation of

such rakes movement is planned to be commissioned in about one year time.

NTPC intent to tie-up with cement manufactures for supply of fly ash through BTAP

rakes through an agreement for period of 10 (ten) years. For tie-up a draft

agreement has been prepared by NTPC and attached herewith at Annexure 4.

NTPC shall not charge price for fly ash, shunting charges and track maintenance

charges for initial period of three years. This will be reviewed after three years from

date of lifting of first rake movement. NTPC may also consider providing incentive to

fly ash users in terms of rebate provided by Indian Railway in their SFTO freight rate

scheme.

For receiving fly ash from BTAP wagons, cement plants will have to install suitable

unloading facility at their factory premises

Information on NTPC thermal power plant:

Sl.

No.

Item

ndhyachal super

thermal power plant

Rihand super thermal

power plant

1 Location of plant Singrauli District in

M.P.

In Sonebhadra District

U.P.

2 Nearest Railway station

and distance

Shaktinagar (3 km) Shaktinagar (30 km)

3 Installed capacity (MW) 4,760 3,000

4 Quantity of dry fly ash

available in silo for rail

loading (tonne per day)

6,000 5,000

How to apply

Interested Cement manufacturing plants located in Satna / Katni region are

requested to submit their requirement in the specified format by 5 PM on 15.03.2019

to the following address:

Application for EoI may be sent to:

Priti Sinha, DGM (SEA), NTPC Limited, TC-33/V-1, Vibhuti Khand, Gomti Nagar,

Lucknow (UP) 226010 Mob no 9451212012, email:

priti0609@gmail.com.

Note: - The offer submitted by cement manufacturers will be considered for tie-up

with NTPC after scrutiny. However, NTPC’s decision will be final and participating

agency will not have any claim, if their proposal is not accepted by NTPC.

Annexure -3

Format (Cement Industry )

(On the company's letter head duly signed by Authorized Signatory with Company's

Stamp)

EOI for Issue of fly ash from NTPC Rihand/ Vindhyachal STPS in BTAP wagons

1. Name of the cement Industry ______________________

2. Address : _____________________________

_____________________________

3. Classification of the Company : Public Limited / Private Limited/

Partnership Firm

Others (please specify) ______________

__________________________________

4. Contact details : Name: ………………………………….....

Designation: ………………………………

Tel No.:…………………....(with STD code)

Fax No.: ……………………………………...

Mobile No …………………………………...

Email ID: …………………………………….

5 Installed capacity of Cement Plant: ----------------------------------------------

6 Types of the cement being manufactured: PPC------tonne per annum

OPC-------- Tonne per annum.

Any other cement ----------- T per annum

7 Fly ash requirement on daily/ annual basis: -------------------------------------

8 Present mode of transportation of fly ash: ----------trucks/ tankers/ bulkers

9 Fly ash storage silo capacity: Number of silos / Capacity

10 Railway siding facility: ------------

11 Nearest Railway station where fly ash rake can be placed and its distance:

Name of railway station ---------- and Distance ------km

12 Willing to develop unloading facility of fly ash from BTAP wagons and their

action plan for same to be submitted along with EOI

13 Any other information, which may be want to share in the EOI. -------------------

Date ……./ ……../ ………. Signature: ……………………

Name of the Person …………

Place: Designation: ………………..

Name of the Company: …….

Address: ………………….

………………………………….

Company Seal:

Note: The party submitting the EOI shall be bearing all costs associated with the

preparation and submission of the EOI and NTPC will, in no case be responsible or liable

for these costs, regardless of the conduct or outcome of the assessment/evaluation

process.

Draft

Agreement for fly ash through BTAP wagons

This agreement is executed at ________________ on this ___ day of ______ 20_____ by

and, between NTPC Ltd., a company incorporated under the Companies Act, 1956, having its

registered office at NTPC Bhawan, 7 Institutional Area, Lodhi Road, New Delhi-110 003 and its

one of the station/projects namely ________ Super Thermal Power Station, ________, Distt.

_______ (__State__) hereinafter referred to as “ NTPC - ________ ”, which term unless

repugnant to the context shall include its administrators, executors, successors and permitted

assigns of the FIRST PART,

And

__________(name of company), a Company/ Limited Liability Partnership (LLP)

incorporated under Company Act/ a partnership firm with registration No. ------/ a

proprietorship (strike which are not applicable) ________________ Govt. of ____________

having its Registered Office at _______________________________ represented by

_______________ (duly authorized by __________(name of company) ) hereinafter referred to

as ________________, which terms unless repugnant to the context shall include its

administrators, executors, successors and permitted assigns of the SECOND PART.

WHEREAS:

(A) __________ Super Thermal Power Station (NTPC-________) of NTPC Ltd. situated near

__________, under Police Station - ________ in District ________ in the State of

_______, is a coal based power plant and has total installed capacity of ______ MW.

Depending upon the type of coal being used NTPC- __________ is generating

approximately ________ MT/Day of Fly Ash through its ______ units of ______MW each

of Stage – ____ & Stage -______ which is being collected in dry form and is temporarily

stored in the ash silos of Stage – ____ (__ x ____ MT) and Stage – ______ (___ x _____

MT).

(B) __________(SECOND PART) with its Cement Manufacturing Plant, located at

_______________________ and having a capacity of _____________________ per

annum for manufacturing of Cement, is desirous of manufacturing Fly Ash based

Portland Pozzolana Cement by taking Fly Ash from NTPC- ________in BTAP rake, as one

of the components in its Cements. For this ___________ requires approximately

____________ MT of Fly ash per day (__________ MT/ month) from NTPC –_________.

fly ash from NTPC-__________ and to cater for the requirement of

________________MT fly ash per month/ -----MT per annum to _________(SECOND

PART), subject to availability of fly ash. Fly Ash quality to be issued would be “as

available basis” at plant fly ash silo.

(D) The fly ash from silo will be loaded in BTAP rake owned by NTPC and the rake will be

moved to Exchange yard----------(name of exchange yard) by NTPC locomotive. At this

Exchange Yard, the rake will be handed over to Indian Railway (IR). IR will carry away the

rake from this point to Exchange of ------- (Name of exchange yard) of -------(Second

Part). The -----(Second Part) will receive the rake from IR and move to -----(Second Part)

premises by their own locomotive and unload the fly ash pneumatically from rake into

silo and return the rack back to railways exchange yard within 12 hours time. In case of

delays, the demurrage will be payable to NTPC ----------- by the --------------- (SECOND

PART) as per the latest India Railway demurrage rates/rules. NTPC ------------ will raise the

bill to --------------(SECOND PART) for the demurrage charges payable to NTPC------------.

The ----------------(SECOND PART) will pay this demurrage amount to NTPC---------- account

by the end of the month in which the demurrage bill is raised.

(E) And whereas NTPC- _________, and ______(SECOND PART) have mutually discussed and

agreed upon the terms and conditions relating to issue fly ash in BTAP wagons rake from

fly ash silos of NTPC- _________, and its transport to the Cement manufacturing plant of

_________ (SECOND PART) and has decided to reproduce the said terms and conditions

into writing as below:

Now these presents witnesses and it is hereby agreed by and between the parties as under: -

2.0 That this agreement shall come into force for all-purpose and intent from the date of

signing of this agreement.

2.0 Validity of Agreement: That this agreement shall remain valid for a period of 10 (ten)

years from the date of signing of this agreement and shall be continued on the mutually

agreed terms and conditions in the context of NTPC’s Ash policy / Govt. policy for

utilization of fly ash at that time/ period failing which this agreement shall be deemed as

terminated automatically.

3.0 Issue of dry fly ash in BTAP wagons rake:

3.1 That dry fly ash loading facility in BTAP wagons, will be provided by NTPC - _______. The

loading of fly ash in BTAP wagons rake will be the responsibility of NTPC----------.

NTPC______(first Part) shall issue dry fly ash in own BTAP wagon rake at the earliest

possible time (12 hrs) and move to exchange yard ______(name of exchange yard) by

own locomotive.

3.2 From Exchange yard -------(Name of exchange yard), the rake will be moved by Indian

railway to the exchange yard of ------(Name of exchange yard) of the ------(Second part).

The freight charges of Indian Railway will be borne by ------------(Second part). The liaison

with Railway officials for movement of rake from NTPC Exchange yard to the exchange

yard of ------(second part) will be done by -----(Second part) on regular basis to ensure

rakes movement without delay and in minimum possible time.

3.3 The unloading of fly ash from BTAP rakes will be the responsibility of ____(Second part)

(cycle time from exchange yard to exchange yard including unloading will be 12 hr).

-----------(second part) shall maintain log book for the same. The unloading will be done

without damaging any part of rake and the empty rake will be taken up to exchange yard

by locomotive of -------(second part) and hand over to IR for movement to ------ (name of

exchange yard) of -----(first part.). All these work will be done by -----(second part) so as

to ensure efficient and maximum number of trips per month by the BTAP rakes. Any

stabling charges levied by IR on account of declines to accept wagons inside of premises

of ------(Second part), shall be paid by -----(Second part) to IR.

3.4 The Railway Receipt (RR) will be issued in the name of _________(Second part). The

discount offered by Indian Railway under the SFTO license will be passed on to the --------

-(second part). NTPC ---- shall not charge price for fly ash, shunting charges and track

maintenance charges for initial period of three years. This will be reviewed by NTPC------

after three years from date of lifting of first rake movement. The decision of NTPC---- will

be discussed with ----------(second part) for their acceptance. If --- (second part) does

not agree for the same, the agreement will be terminated.

3.5 _________(Second Part) shall have to submit its monthly dry fly ash requirement at least

10 days prior from 1

date of each month.

3.6 The monthly average requirement will be at least 90 % of agreed/ adjusted quantity. In

case ______(Second Part) does not lift 90% of monthly agreed/adjusted quantity in any

consecutive three months on cumulative basis, NTPC------ will have right to review the

continuance of the agreement. Reasons/ justification for lower requirement is to be

explained by …………… (SECOND PART) and shall be assessed by NTPC---------. If same is

not acceptable to NTPC-----, NTPC----- shall have right to terminate the agreement. In the

event of termination of agreement, amount/ BG submitted in favour of NTPC against the

performance guarantee shall also be forfeited.

3.7 That _________(SECOND PART) will be responsible for any liability which will accrue to

the IR during transportation of fly ash in BTAP rake. Any damage/ Stabling charges

levied/ claimed by IR for any reasons and the dues as ascertained by Railways shall be

paid by _________(Second part). A Bank Guarantee valued Rs. 30,00,000/- (Rs. Thirty

Lacs only) in the format prescribed by NTPC in favour of NTPC ________, shall be

submitted by _________(SECOND PART) as a security deposit. The Bank Guarantee shall

be kept valid by _________( SECOND PART) till the period of validity of the agreement

and shall be renewed from time to time as per advice of NTPC – ___________. In case of

the non- payment of any dues claimed by Railways by -----(Second Part), NTPC ________

shall claim the BG and dues claimed by IR shall be paid by NTPC from this BG amount.

3.8 That over and above_________(Second part) agrees to abide by all the relevant rules and

regulations issued or to be issued from time to time by the Indian Railway, State/ Central

Government authority etc and NTPC ________. Any tax liability which may arise due to

change in Rule of State/ central/ local authority during the agreement period shall be

borne by -----(Second part)

4.0 That, this agreement has been executed as per the existing statutory provisions and

policies of NTPC Ltd. In the event of change in statutory provisions, policy, rules of NTPC

Ltd. in future, this agreement shall be reviewed accordingly and shall be continued on

the mutually agreed terms and conditions in the context of new statutory provisions,

rules and policies, failing which this agreement shall be deemed as terminated

automatically.

5.0 NTPC’s Fraud policy and banning policy shall be applicable to this Agreement.

6.0 DELIVERY OF FLY ASH

6.1 ____________(SECOND PART) shall appoint its authorized representative for

coordinating the overall activity of offtake of dry fly ash from ash silos of NTPC –

________, loading in BTAP rakes, its movement from NTPC to their premises,

coordination with IR etc. The authorized representative of _________________(SECOND

PART) shall coordinate with the Engineer-In-Charge of NTPC------------- for this purpose

and execute the offtake of fly ash from the ash silos.

6.2 NTPC- _______ shall not be responsible in any manner for its inability to provide fly ash

due to low-schedule condition/shutdown/breakdown, other O&M stoppages or due to

any other reason / conditions. NTPC-________ shall not be liable for payment of any

compensation on account of its inability for providing the committed quantity of fly ash

through this agreement for any reasons whatsoever. However, preference for issuing fly

ash will be given to ---------( SECOND PART) as and when DAES system and fly ash

becomes available at Silo for issuance.

6.3 Adjusted quantity: If the quantity of fly ash which the NTPC---- is not able to provide to

the party due to any reasons including forced outage of the plant, congestion, rain etc.

then NTPC---- will adjust the agreed quantity downwards for this purpose without any

compensation.

6.4 That ________(Second Part) shall keep and maintain all record of measurements,

challans, RR of IR Freight etc. for the quantity of fly ash taken from NTPC-_________.

Similarly ____________( Second part) shall submit end users certificate in the first week

of each month for the fly ash issued in the previous month.

6.5 The _________(SECOND PART) shall furnish a separate Bank Guarantee valued Rs.

10,00,000/- (Rs. ten Lacs only) in the format prescribed by NTPC in favour of NTPC –

________, guaranteeing assured take-off of agreed quantity of fly ash, subject to the

force majeure conditions, on sustained basis. The same BG shall also be used against the

claim for demurrage charges payable to NTPC----------. The Bank Guarantee shall be kept

valid by _________( SECOND PART) till the period of validity of the agreement and shall

be renewed from time to time as per advice of NTPC – ___________.

7.0 TAXES AND DUTIES

That all applicable taxes, duties or levies whichever may be imposed on the off-take and

transportation of fly ash by any statutory authorities / Government(s) / Government

agencies during the period of this agreement shall be borne by _________(Second Part)

and if NTPC-________ is called upon to pay such taxes, duties or levies directly to the

authorities concerned, the same shall be reimbursed by __________(Second Part) to

NTPC-_________ within 7 days of intimation about such payment. In the event of

nonpayment of such taxes & duties in time, same shall be recovered from the security

deposit.

8.0 STATUTORY CLEARANCES:

8.1 That ________________(second part) shall be fully responsible for obtaining all

applicable statutory clearances and compliance at their own cost from State

Government, Government of India, Statutory Bodies and local authorities/ local IR

officials as applicable, for the purpose of transporting fly ash through BTAP rakes to their

Manufacturing Unit prior to actual commencement of offtake of fly ash. NTPC shall not

bear any expenditure on this account whatsoever. (For this _________(SECOND PART)

shall submit undertaking for compliance of all statutory norms/ regulation.)

8.2 NTPC- ______________’s commitment to supply ash under this agreement shall be

subject to __________(Second Part) fully complying with all the requirements of laws,

rules and regulations and amendment thereof including those related to the rules /

regulations of NTPC and meeting the pollution control norms for collection and

transportation of ash etc.

9.0 OPERATION OF FLY ASH SILOS & TRANSPORTATION OF ASH

9.1 That normally loading of dry ash shall be allowed round the clock on all weekdays

including Sundays excluding National Holidays or as decided by Engineer In-charge. The

Operation of SILO for loading will be the responsibility of NTPC (as mentioned in 3.1)

9.2 That the persons engaged by _______________(second part) for the offtake of fly ash

from NTPC- _________ should follow all rules & regulations of NTPC- __________ and

follow the instructions of authorized representative of NTPC-_________.

9.3 Any accidental spillage caused while movement of rakes, other than at the time of

loading, ______(Second Part) will be fully responsible to pay any penalty/ compensation.

9.4 All the rules & regulations, notifications, laws etc. laid by Railway Authority and/or any

other authorities related to transportation of ash in railway rakes shall be strictly

followed by ___________________(second part). _____________(second part) shall be

solely responsible for any violations of above said rules, regulations, laws etc. The

representative of --------------------(second part), in coordination with NTPC, will ensure

that there is no overloading of wagons. Any penalty for overloading, as levied by Indian

Railways, will be payable by ----------------(second part

10.0 DAMAGE TO NTPC PLANT OR PROPERTY:

10.1 That _____________(SECOND PART) shall be fully responsible and liable for payment to

NTPC – ___________ for any damage to NTPC plant and property or injury to its

employees or third party caused due to any act of misconduct, malafide intentions,

negligence, omission or commission on the part of _______________(SECOND PART).

10.2 This agreement shall be reviewed on 3 year basis by NTPC- _________ for following

performance criteria:

• All Employees/ representatives etc. of ____________(Second Part) shall behave in

responsible manner towards NTPC-________/NTPC-___________’s

Contractors/employees etc.

• Shall not involve themselves in any anti-social activity including creating IR problems

and shall not be involved in any law & order violation.

• Shall co-operate to the extent possible with NTPC/ NTPC's Contractors etc. for their

smooth and continuous functioning in case addition / extension / alteration of its

plant is carried out.

• Shall not cause any damage to NTPC Plant or equipment / any injury to NTPC

personnel/NTPC employed contractual personnel.

• Shall not cause any hindrance / create problems to other parties.

• Any other issue related to Dry Fly Ash offtake activities of ________(Second Part) at

NTPC-__________.

11.0 OBSERVANCE OF LABOUR LAWS:

That ______________(Second Part) shall comply with the provisions of all the applicable

labour laws and keep insurance of all the persons engaged in the process of offtake of fly ash

from NTPC- _________.

12.0 SAFETY:

12.1 _______________(Second Part) shall follow all safety regulations and security

requirements during loading & transportation of Fly-Ash from NTPC- _________, as

issued in this regard by NTPC / Central Govt. / State Govt. / Any other authority & also

abide by the instructions issued by NTPC- _________ in this regard.

12.2 That NTPC-__________ shall not be held responsible for any accident and casualty of the

persons engaged for offtake of fly ash by __________(Second Part).

____________(Second Part) shall indemnify NTPC- __________, for any liability under

Workmen's Compensation Act or under any other law that may develop upon in respect

of the persons engaged by them.

13.0 OBSERVATION OF ENVIRONMENTAL NORMS, PREVENTION OF POLLUTION AND

INDEMNITY TO NTPC:

13.1 The process of loading of dry fly ash in BTAP wagons and transportation of fly ash rakes

to unit of ____________(Second Part) shall be carried out by _______________(Second

Part) through Indian Railway in such a manner that there is neither any dust nuisance nor

any violation of environmental norms.

13.2 That all the rules & regulations, notifications, laws etc. laid by Pollution Control Boards,

MoEF etc. shall be followed by _____________(Second Part). _________(Second Part)

shall be solely responsible for violations of provisions of any applicable environmental

laws / rules / notifications during the process of offtake of fly ash from the ash silos of

NTPC - __________ and its transportation to unit of_______(Second Part) _ .

_________(Second Part) shall keep the NTPC -_________ indemnified against any

liability that may arise on these account. In the event of any liability arises to NTPC-----

due non fulfilling of responsibility by ------- (SECOND PART), same shall be recovered from

the security deposit.

13.3 _____________________(Second Part) shall comply with all laws, rules & regulations

etc. laid by statutory authorities as well as the directions / advice of NTPC– _________

related to dry ash loading and its transportation through Railway rakes which are not

mentioned above but are necessary for compliance of all applicable laws, safety and

environmental norms and to carry out all the works in a safe and eco -friendly manner.

14.0 FORCE MAJEURE

That notwithstanding anything contained herein the obligation of NTPC-_________ and

___________(Second Part) under this agreement shall remain suspended and neither of

them shall be entitled to claim any compensation from each other for any loss or damage

caused by such suspension, whether total or partial during the force majeure events such

as but not limited to flood, earthquake, strike, war, terrorist attack etc. It shall be

obligatory on the part of both the parties to communicate to each other of the

happening of force majeure events and its cessation within 10 (ten) days of its happening

or on date of cessation as the case may be. Both the parties shall mutually discuss and

decide the future course of action on the happening of force majeure events if it

continues for more than 30 days.

15.0 TERMINATION

15.1 Continuous lifting of agreed quantity of fly ash is the essence of this agreement.

15.2 Commencement of first off take for ___________(Second Part) of fly ash should not

exceed beyond one month from the date of signing of this agreement or agreed date by

NTPC--- and --------(Second Part).

15.3 That in the event of any reduction in off-takes to less than 90% of monthly

agreed/adjusted quantity in any consecutive three months on cumulative basis,

(excluding force majeure conditions) at any time during the pendency of this agreement,

NTPC------ will have right to review the continuance of the agreement. Reasons/

justification for lower offtake is to be explained by …………… (Second Part) and shall be

assessed by NTPC---------. If same is not acceptable to NTPC-----, NTPC----- shall have right

to terminate the agreement. NTPC Shall have right at its discretion to terminate this

agreement by giving 30 days notice. In such an event, NTPC – _________ shall encash

__________(Second Part)’s BG for Rs. 30.0 lacs (Rupees Thirty Lacs).

15.4 Further, in case ____________(Second Part) is unable to lift any quantity of fly ash from

NTPC – __________ for a continuous period of more than 30 days (excluding force

majeure conditions/ inability of NTPC---- to issue fly ash due to plant shut down,

maintenance, less generation of fly ash etc) under this agreement then NTPC shall have

an absolute right to terminate this agreement and encash the above said BG of Rs. 30.0

Lacs (Rupees Thirty Lacs).

15.5 Further, NTPC shall have an absolute right to terminate this agreement by giving three

months notice period due to any change in Govt. Policy with regard to fly ash and ---------

--(Second Part) will not have any right to make any claim on account of termination of

the agreement.

16.0 WAIVER:

That any failure by either party to this Agreement, to enforce any of its rights hereunder,

whether arising from the failure on the part of the other party, to adhere to and fulfill its

obligations under the terms hereof or otherwise, shall not be deemed to constitute a

waiver of any such default and / or surrender of any such right.

It is hereby clarified that NTPC-___________ shall not be liable to pay any claim of

_____________(Second Part) in any manner whatsoever, under this agreement.

17.0 SETTLEMENT OF DISPUTES AND ARBITRATION:

That dispute and /or difference of any kind whatsoever arising between the parties

relating to this Agreement shall in first instance be settled amicably with intervention of

Engineer-In-Charge of NTPC------------- for this purpose within 30 (thirty) days of referral

of such dispute or difference to him, failing which the matter shall be referred to the sole

arbitration of Head of NTPC-_________ Project or his representative of not below the

rank of General Manager level.

18.0 That the cost of stamp duty and registration of these presents shall be borne by

_____________(Second Part). Original copy of the agreement shall remain in the custody

of NTPC-----------.

19.0 This agreement shall be governed by Indian Laws, _______ State Govt. Laws and

directives and the Courts of ________ District in state of _________ shall have the

exclusive jurisdiction to entertain any suit or action arising out of this agreement.

20.0

The Bank Guarantees (BGs) proposed in this agreement will be made on non-judicial

stamp paper of value as applicable in the state where the ----------------- (first part) is

located.

21.0 NOTICE:

That any notice that may be required under this agreement, shall be given in writing by

any of the party either by personal delivery against acknowledgement or Registered Ads,

Mail or Facsimile and shall be deemed to have been duly served upon receipt thereof at

the following addresses: -

For NTPC

For __________________

Head of Station

NTPC Limited

__________ Super Thermal Power Project

PO: _________, Dist: _______ (___)

Pin – ___ ___

Address of Agency

IN WITNESS WHEREOF the parties here to have executed this agreement through their

authorized representatives on the date and place mentioned herein.

For and on behalf of

NTPC Ltd.

For and on behalf of -----(SECOND PART)

_______________________

WITNESS WITNESS

1._______________________ 1. _____________________________

2. _______________________ 2. ______________________________